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(영문) 부산지방법원 2017.03.31 2016가단316668
구상금
Text

1. The Defendant’s KRW 112,239,020 as well as the Plaintiff’s annual rate from January 27, 2016 to May 13, 2016.

Reasons

1. Basic facts

A. The Hyundai Motor Vehicle Co., Ltd. (hereinafter referred to as “on-site motor vehicle”) is the owner who has entrusted the carriage contract of goods, such as motor vehicle engines, to the fluoric plastic corporation (hereinafter referred to as “on-site motor vehicle”). The Plaintiff is the owner who has entered into a contract of carriage of goods, such as motor vehicle engines, in its own name between fluoric and fluorics from May 11, 2015 to May 11, 2016, with respect to the entrusted cargo for which the fluoric is requested to enter into a contract of carriage in its own name or to act as a broker or agent from the time when the owner was entrusted with the carriage to the delivery to the consignee, and the Defendant is the owner of the B motor vehicle (hereinafter referred to as “the instant vehicle”) who has entered into a contract of carriage of goods within the limit of 200 million won and is liable for damages arising from the instant accident between the carrier and the driver of the instant vehicle (hereinafter referred to as “on-site motor vehicle”).

B. On October 9, 2015, the Defendant: (a) carried a container stuff containing articles, such as an automobile engine, etc. (hereinafter “instant loaded articles”) entrusted to the instant vehicle in accordance with the direction of the fluorial (hereinafter “instant loaded articles”) in accordance with the instant transport contract; (b) carried the instant loaded articles from U.S. C to the F container wharf terminal in Ulsan-gu, Ulsan-gu; (c) carried the instant vehicle to the F container wharf terminal in U.S., Ulsan-gu; and (d) carried the instant vehicle to turn to the left at U.S., Nam-gu, Ulsan-gu; and (d) caused the instant accident where the instant loaded articles were destroyed (hereinafter “instant accident”).

C. Damages incurred by the destruction of the loaded goods of this case, such as the payment of damages and insurance money.

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